| CONTRACTS
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| 1. | Court reverses summary judgment for defendants and allows extrinsic evidence as to whether plaintiff released them in settlement agreement. Kerry Maggio v. James Parker, 2017-CC-1112 (La. 06/27/18) [20 pp.] From LSCR Volume 26, Issue 6
In January 2015 plaintiff was injured in an automobile accident when his vehicle was
struck by a vehicle being operated by James Parker. Mr. Parker was an emp... view full summary |
| INSURANCE
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| 2. | Erroneous payment by insurer in prior, separate claim did not result in waiver of defense in later claim. Brandon Forvendel v. State Farm Mutual Automobile Ins. Co., 2017-C-2074 (La. 06/27/18) [9 pp.] From LSCR Volume 26, Issue 6
While driving his own car in 2013, plaintiff was injured in a multi-vehicle accident. His
uninsured motorist carrier was State Farm. At the time of ... view full summary |
| MEDICAL MALPRACTICE
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| 3. | Conflict of interest by review panel member did not justify automatic exclusion of panel opinion. Richard Sanderson v. Tulane University Hospital & Clinic, 2018-CC-0588 (La. 06/15/18) [4 pp.] From LSCR Volume 26, Issue 6
Following proceedings before the Louisiana Medical Review Panel, plaintiff brought this
medical malpractice suit. In the district court, plaintiff moved to strik... view full summary |
| TORTS
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| 4. | State not entitled to summary judgment in case involving injury on waterway at unlit bridge. Jennifer Elizabeth Lee v. Pearl River Basin Land & Development Co., LLC, 2018-CC-0355 (La. 06/25/18) [2 pp.] From LSCR Volume 26, Issue 6
Craig Allen Lee was operating his vessel at about 2:30 a.m. on a waterway in St. Tammany
Parish known as the "pump slough" when he struck his head on an unlit bridge. Lee ... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 5. | Court rules in favor of St. Tammany D.A. in his challenge to independent legal department for parish council and president. Warren Montgomery v. St. Tammany Parish Government, 2017-C-1811 (La. 06/27/18) [20 pp.] From LSCR Volume 26, Issue 6
In April 2016 plaintiff, as District Attorney for St. Tammany Parish, filed suit against the
Parish through the parish council and parish president, ... view full summary |
| TAXATION
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| 6. | City of New Orleans could lawfully impose gallonage tax on dealers of alcoholic beverages. Beer Industry League of Louisiana v. The City of New Orleans, 2018-CA-0280 c/w 2018-CA-0285 (La. 06/27/18) [20 pp.] From LSCR Volume 26, Issue 6
In November 2016 the New Orleans City Council passed an ordinance to "amend and
reordain Sections 10-501, 10-502, and 10-511 of the New Orleans Municipal Code... view full summary |
| CRIMINAL
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| 7. | Court reinstates maximum sentence for first-time felony offender convicted of indecent behavior with a juvenile. State v. Fahim Shaikh, 2017-K-2178 (La. 06/15/18) [2 pp.] From LSCR Volume 26, Issue 6
In April 2014 thirteen-year-old AG ran away from home while her mother was out. She
headed to a friend's house on foot and was walking along the ... view full summary |
| 8. | Indigent defendant's request for expert funding in connection with Miller/Montgomery hearing should not have been heard ex parte. State v. Warren Harris, 2018-KP-0686 (La. 06/15/18) [6 pp.] From LSCR Volume 26, Issue 6
Defendant was serving a life sentence without parole eligibility for a crime that he
committed as a juvenile. He sought parole eligibility pursuant to Montgom... view full summary |